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Thousand Oaks Car Accident Lawyer

Ercolani Law Group Ensures You Are Covered Following a Severe Injury Man holding head in hands looking at a car accident

The aftermath of a car accident can cause an overwhelming burden to those who were injured. The stress alone can be too much to handle, from handling car repairs, arranging rentals, coordinating inspections, and fighting with insurance companies to receive fair coverage. You need an experienced Thousand Oaks car accident lawyer who will fight to ensure you are fairly compensated. Our team has been helping clients for over a decade, and we the experience necessary to hold insurance companies responsible for what they owe.

Call Ercolani Law Group today to learn more about your case. Call (805) 338-6880 or contact us online to schedule a free consultation.

Statute of Limitations in California infographic

Statute of Limitations for A California Car Accident

In every state, there is a limit known as the "statute of limitations" that refers to the amount of time an individual has to file a car accident claim after they have been injured. The statute of limitations for a California car accident claim is two years.

If you've been injured in an auto accident, you may find it necessary to file a personal injury lawsuit in addition to a claim with your insurer. It's not always immediately apparent that you need to file a lawsuit, so it's important that you discuss your case with a car accident attorney in Thousand Oaks as soon as possible to avoid missing the deadline for additional compensation.

This stands opposed to “no-fault states” where regardless of who is at fault for an accident, both parties recover compensation through there own insurance called personal injury protection coverage.

The state of California has different statutes of limitation for lawsuits involving car accidents:

  • Personal injury lawsuits - 2 years
  • Property damage lawsuits - 3 years
  • Claims involving government agencies - 6 months

If you fail to file your lawsuit before the statute of limitations has expired, your case may never be allowed in court. Our car accident attorneys in Thousand Oaks are ready to hear your case in Thousand Oaks, Ventura County, and Los Angeles County!

What about accidents where more than one party is responsible for causing the accident? California has a rule for that too, called the comparative negligence rule. The comparative negligence rule means that in the case of an accident where the plaintiff is partially responsible for the accident, the injured party is still eligible to recover compensation for their injuries, but the total compensation awarded to them will be reduced by the amount of their determined fault. For example, if you are found by the court to be 10% at fault for the accident that caused your injuries, the compensation awarded to you will be reduced by 10%.

Unlike some states, California allows injury victims to pursue compensation no matter how much fault they bear for the accident. This makes the state a pure comparative negligence state. Contact our firm today for a free consultation to learn more about how California’s car accident laws might affect your case.

Is California an At-Fault State?

There are different laws in every state regarding which parties are liable for compensation in an accident. The state of California holds to a "tort" system which is otherwise known as an "at-fault" state. This means that the there must be someone who is at fault for any accident and whose insurance company must be held responsible for any compensation.

According to California Code § 16056 (a), every driver in California is required to carry liability insurance no less than the following:

  • $15,000 for injury or death to one individual
  • $5,000 for property damage
  • $30,000 for injury or death to two or more individuals

Can I File A Car Accident Claim After Insurance Pays?

Usually once you accept a settlement from an insurance company it is difficult to recover more compensation since many car accident insurance settlements specifically state that the amount agreed upon will be the only money the company will pay out. This is why it is so important to speak with an attorney about your case before signing a settlement. If you have already signed an agreement with an insurance company, you may still have options. Speak to an attorney at our firm about the specifics of your case to get started.

Steps to Take After a Car Accident

At Ercolani Law Group, we are committed to helping clients reduce their burden and help them get through the complicated maze of receiving financial compensation. In many cases, injuries will not even appear until weeks after a settlement check has been issued and signed, and once that happens, there is nothing you can do.

It is important to follow the proper steps to take after a car accident:

  • Call the police
  • Take pictures
  • Obtain witness statements about the fault of the other driver
  • Treat your injuries and have a doctor document them
  • Do not sign a check issued by your/their insurer without consulting with an attorney first

What are Common Causes of Car Accidents?

Some of the most common car accidents include rear-end accidents, side impact collisions, and speeding accidents. Ercolani Law Group has experience with these types of injury claims as well as the following less common types of car accidents in California:

  • Distracted Driving
    With today’s technology and fast-paced society, distracted driving is becoming more and more common. If you have been in an accident caused by a distracted driver learn how our team of attorneys can help you recover full compensation today.
  • Drunk Driving
    There is never an excuse for driving under the influence. If you or a loved one has been injured at the hands of a drunk driver, our firm is ready to fight for you! Learn more about how our firm can hold the negligent party responsible and recover the compensation you need to recover from your injuries.
  • Rollover Accidents
    Rollover accidents can be devastating to those involved. If you have been in an accident, read our rollover accidents page to learn how our team of attorneys can help you recover the compensation you need to recover from your injuries.
  • Rideshare Accidents
    Ridesharing services are a convenient way to get around, however, accidents still happen when using these services. Read our rideshare accidents page to learn who is liable after an accident and what our team can do for you.

How Experience Makes a Difference

Ercolani Law Group takes on the burden of placing a compensation check into your hands as quickly as possible. You do not need to suffer just because an insurer tells you there is no other option. By obtaining the help of an experienced car accident lawyer, you will not have to shoulder these emotional and financial burdens alone.

Here are some ways out firm can help you:
  • Over a decade of experience
  • Millions of dollars recovered
  • Initial consultations are free
  • Personalized legal representation

Dial (805) 338-6880 now or contact us online to learn more about the legal options you have available after an auto accident. Initial consultations are always FREE.